PRACTICE AREAS/FIELDS OF LAW
General Description of Practice Areas
Gushue Law offers its clients a unique blend of technical and legal expertise in environmental law, and can assist you whether your case involves obtaining permits through non-adversarial representation before local, state or federal administrative agencies, appealing permit denials, defending regulatory enforcement actions, or through litigation of claims under environmental statutes and regulations. While Attorney Gushue has unique personal experience as both an engineer and attorney in the field of oil and hazardous materials regulation and associated environmental contamination issues, Gushue Law routinely handles cases involving wetlands, waterways (Mass. Chapter 91), water supply, sewage disposal (Mass. Title 5), solid waste, oil and hazardous waste, brownfields and superfund sites under Mass. Chapter 21E and Federal statutes, water quality, stormwater, air quality, environmental impacts (MEPA) and zoning. We have extensive experience in counseling clients on multi-disciplinary environmental cases involving regulatory compliance, permitting, environmental impact and insurance coverage issues.
PROPERTY CLAIMS, ACCESS EASEMENTS, BEACH & WATERFRONT RIGHTS
Attorney Gushue's years of experience in both property law and civil/environmental engineering includes all types of claims and cases involving property ownership, selling, leasing, maintaining and using. Gushue Law's expertise extends from simple matters of title, deed, or easement review and preparation, to complex matters involving sale, loan and financing documents, restrictive covenants, conservation restrictions and easements, property lines, adverse possession and prescriptive easement claims, right-of-way access easements, beach and waterfront access rights, agricultural uses and exemptions, wetlands and waterways (docks) licensing, solar-access and view- and vista-related rights and easements, common-scheme developments, common-area maintenance costs and fee assessments, nuisance, trespass, and negligence claims, civil rights claims, personal injury and property damage claims and insurance, homeowners' association obligations and liabilities, zoning matters such as prior non-conforming uses, grandfathering, accessory uses, and zoning enforcement and permit denial appeals, eminent domain claims, construction claims, consumer protection claims, seller and broker fraud and failure-to-disclose claims, as well as many others.
To discuss your property rights case with us, call today or submit your case for a free review by email using our contact form.
ZONING, LAND USE & DEVELOPMENT
Successful real estate development requires a wide array of skills and expertise for proper evaluation, acquisition, permitting and development. Our combination of extensive legal experience and technical/engineering experience allows us to counsel our clients at all stages of a project, from initial site evaluation and selection to site acquisition and financing to project planning, design, permitting, construction and leasing. Our experience includes zoning matters (variances and special permits), affordable housing issues (Mass. Chapter 40B), contamination-related agreements such as non-suit covenants and land use restrictions, and environmental due diligence evaluations. Gushue Law can lead or be a member of a multi-disciplinary team to get the job done.
PERSONAL INJURY & INSURANCE CLAIMS
Gushue Law is dedicated to providing high quality, aggressive legal representation to victims of personal injury. We truly hope that you and your family never experience a serious personal injury; but we want you to know that we are available to assist you if an accident, or illness, occurs due to the negligence of others. In most accident cases, the liable party will have insurance coverage of one type or another, and we routinely pursue recovery from insurers wherever coverage exists. Among the many kinds of cases and claims we may handle are: automobile accidents, slip and fall cases, dogbites, medical malpractice, nursing home abuse, birth injuries, workplace injuries, wrongful death, and product liability claims.
An initial discussion about your personal injury case is free of charge, and we do not charge any legal fees until a settlement or judgment has been obtained and received on your behalf. To discuss your injuries and your case with us, call today or submit your case for a free review by email using our contact form.
BUSINESS & CORPORATION LAW
Gushue Law offers a broad range of services to businesses and organizations in retail, manufacturing, service, financial, and other sectors, both profit and non-profit, closely-held and publicly-traded. Representative services include assistance in choosing the appropriate type of entity for the business or venture, preparing and filing the necessary formation forms and documents, preparing stock ownership and transfer restriction/buy-back agreements for owners and employees, counseling officers, directors and managers on organizational issues and on operational environmental compliance and transactional environmental risks, preparing contract and liability limiting documents, preparing partnership and joint-venture agreements, negotiating business contracts, evaluating and advising employers on employment law matters, negotiating of purchase and sale agreements for real estate, negotiation of office, manufacturing, retail and other commercial leases, preparing equipment and property leases, and many other related services. We also represent businesses and corporations in all types of civil litigation and administrative proceedings arising out of business and employment activities.
In the field of civil law and litigation, the subject matters involved in a case can include an almost unlimited variety of topics and situations. Gushue Law offers experience in handling a wide variety legal matters and claims, and in resolving disputed matters through negotiation, mediation, arbitration and, when necessary, litigation and trial. In the most general sense, legal matters and disputes that we typically handle are classified as:
TORTS - claims not based on an agreement or contract, for example, losses, personal injuries, death or property damage arising out of negligence, defective products, fraud, misrepresentation, nuisance, trespass, defamation, interference with easements and rights-of-way, to name a few common claims.
CONTRACTS - claims based on a breach of contract, written or oral, including, for example, construction contracts, employment agreements, partnership agreements, purchase & sale agreements, rental agreements, loans and promissory notes, breach of warranty, and insurance claims.
STATUTORY CLAIMS - claims based on legal rights established under Federal or State Constitutions, laws and regulations, such as wrongful death, due process, discrimination, civil rights, consumer protection, unfair or deceptive business or insurance acts or practices, employment claims, workers compensation, appeals of permitting actions, oil or hazardous waste liability, eminent domain, adverse possession, prescriptive easements, fraudulent conveyance of assets, waterfront access, and many others.
TRANSACTIONAL MATTERS - cases that do not involve a current legal dispute, such as preparation/review of contracts, wills, powers of attorney, and health care proxies; matters involving real estate, such as zoning and permitting, title examination, subdivision of land, and drafting of deeds, trusts, and easements; and probate matters such as probate of estates, name changes, etc.
The RELIEF AVAILABLE in a case depends on the particular facts and circumstances, but may include compensatory money damages, multiple damages and/or punitive damages under certain laws, attachments of real estate, restraining orders and injunctions, specific performance of a contract, and attorneys' fees and costs under certain laws.
To discuss your case with us, call today at 508.998.7300, or submit your case for a free review by email using our contact form.
Gushue Law, East Falmouth and Mashpee, MA
Environmental Law & Permitting, Real Estate, Zoning & Land Use, Personal Injury & Insurance Claims, Civil Litigation - Hearings, Trials & Appeals.
We handle administrative agency proceedings as well as civil trials and appeals under laws and regulations governing wetlands, water quality and storm water (Clean Water Act), air quality, noise, wastewater and Title 5, waterways and piers, solid waste, oil and hazardous waste sites (CERCLA and Chapter 21E), and environmental impacts (NEPA and MEPA). We also handle cases with technical and legal issues in property rights, easements and rights-of-way, waterfront access, zoning and permitting, land use and development, regulatory compliance and enforcement, construction disputes, property disputes and damage claims, toxic torts and mold contamination.
Serving clients throughout eastern Massachusetts and Cape Cod & the Islands.